W. Va. Code R. § 33-9-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-9-9 - Modification, Revocation and Reissuance, Suspension and Revocation

9.1 Actions by the Secretary.

9.1.a. Permits may be modified, revoked and reissued, suspended or revoked either at the request of any interested person or upon the Secretary's initiative. Permits may only be modified, revoked and reissued, suspended or revoked for the reasons specified in this section. All requests for action on a permit shall be in writing submitted to the Secretary citing facts or reasons supporting the request. The Secretary may require additional information, and in the case of a major modification, may require submission of a new application or request. A new permit application is required for a permit reissuance under subsection 9.3.

9.1.b. If the Secretary decides the request is not justified, he or she shall send the requestor a brief written response giving the reasons for the decision. Denials of the requests are not subject to public notice, comment, or hearings.

9.1.c. If the Secretary decides to modify or revoke and reissue a permit and the modification is not made under subsection 9.5, he or she shall prepare a draft permit and follow the public notice procedures in section 8. The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. The Secretary shall require the submission of a new application if the permit is revoked or reissued.

9.1.d. For a modification of a permit under this section, only those conditions to be modified are reopened when a new draft is prepared. All other conditions of the existing permit shall remain in effect.

9.1.e. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new permit is issued.

9.2. Causes for modification or permittee requested reissuance.

9.2.a. Modifications. The following are causes for modification, and requires the preparation of a draft permit and the public notice procedures of section 8. The Secretary may determine the following causes may also be reason for a permit reissuance under section 9.3.

9.2.a.1. Alterations. Material and substantial alterations to the authorized activity which change the content of the waste stream from which filtrate is generated.

9.2.a.2. Information. New information becomes known and would be cause for different permit conditions.

9.2.a.3. New rules. The standards or rules on which the authorization was based have been changed by promulgation of amended standards or rules or by judicial decision after the permit was issued.

9.2.a.4. For judicial decision, when a court of competent jurisdiction has remanded and stayed State rules or Federal regulations, if the remand and stay concern that portion of the rules or regulations on which the condition was based.

9.2.a.5. When the authorized person begins or expects to begin to use or manufacture as an intermediate or final product or by-product any toxic pollutant, which was not reported in the application or request.

9.2.a.6. A determination that the authorized activity endangers human health or the environment, which can be reduced to acceptable levels by a permit modification.

9.2.a.7. For permit, any of the reasons cited in subsection 9.4.

9.2.a.8. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in establishing authorized conditions.

9.3. Reissuance. When a permit is reissued under this subsection, the entire permit is reopened. Reissuance requires a draft permit and the public notice procedures of section 8. Processing of a reissuance application does not exempt the permittee from compliance with any permit term or condition while the application is pending.

9.4. Suspension and revocation of permits.

9.4.a. The following are causes for revocation or suspension of a permit or for denying a permit renewal application:

9.4.a.1. Noncompliance by the authorized person with any condition of the permit; or

9.4.a.2. The applicant's failure in the application or request or during the issuance or determination process to disclose fully all relevant facts, or the misrepresentation of any relevant facts at any time; or

9.4.a.3. A determination that the authorized activity endangers human health or the environment which can only be reduced to acceptable levels by modification or revocation of the permit; or

9.4.a.4. A change in any condition that requires either a temporary or a permanent reduction or elimination of any filtrate being beneficially used under this rule.

9.4.b. The Secretary may suspend or revoke a permit pursuant to W. Va. Code § 22-15-15.

9.5. Minor modifications. Upon the consent of the authorized person, the Secretary may modify a permit to make corrections or allowances for changes in the authorized activity listed in this section without following the procedures of section 8. Minor modifications may:

9.5.a. Correct typographical errors;

9.5.b. Require more frequent monitoring or reporting;

9.5.c. Add acreage to a land application site that is already identified in the permit;

9.5.d. Amend the loading rate contained in the permit due to a change in nutrient requirements at a land application site.

W. Va. Code R. § 33-9-9